A driving under the influence (DUI) charge can have several negative implications for your life. Even if this is your first time having a DUI charge, you can face jail time, fines and a permanent criminal record. However, Pennsylvania law offers an alternative through diversionary court programs. These help in getting your life back on track.
What is the ARD program?
The Accelerated Rehabilitative Disposition (ARD) is a program for first-time DUI offenders that shifts the focus from punishment to rehabilitation. Completing this can result in a dismissal, expunging the DUI charge from your record.
Are you eligible for ARD in Lackawanna County?
When it comes to eligibility, the Commonwealth’s attorney decides who may go through the ARD program. While this provision exists, the law can disqualify you if:
- The courts found you guilty of DUI within the past 10 years.
- Your DUI event resulted in an accident that led to a victim’s severe injury or death.
- You were with a passenger under the age of 14 at the time of the arrest.
Before the court can accept you into the program, it must conduct an official inquiry into your record. Should they approve this, you must meet these conditions to complete the ARD program:
- You attended an alcohol highway safety school.
- You went through a certified recovery specialist evaluation. If the evaluation shows a likelihood of addiction, or if your blood alcohol concentration (BAC) was 0.16% or higher, you must complete a full drug and alcohol assessment with treatment or counseling.
- You remained under court supervision for at least six months.
- You paid back any financial losses suffered by victims as a result of the offense.
If a defendant fails to comply with any conditions of the program, the prosecutor can remove them from ARD and revive the criminal trial for the original DUI charges.
How does legal guidance help your case?
Navigating the intricate application processes, strict court deadlines and local legal protocols can quickly become overwhelming. Missing a single step could mean losing your chance at a clean slate. Seeking legal guidance from a criminal defense attorney can help you file your application correctly. They can also explain the strict rules of the ARD program, so you can fully understand how to stay compliant.